Tax Matters for the Arts - Second win for Archibald Prize You can imagine how - Lowensteins

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Tax Matters for the Arts - Second win for Archibald Prize You can imagine how - Lowensteins
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                                                                                                          NEWSLETTER
                                                                                                           NEWSLETTERJUNEAPR 2013
                                                                                                                               2012

Tax Matters for the Arts
Second win for
Archibald Prize

Y    ou can imagine how
     Del Kathryn Barton, a Sydney
born artist, must be feeling after
her triumph in taking the prestigious
prize for the second time.
Ms Barton blitzed the strong field of 39 finalists
with her portrait of Australian actor, Hugo
Weaving, to be awarded the coveted prize by
the Art Gallery of New South Wales.
Along with the prestige of winning the 2013
Archibald Prize, Ms Barton also went home
with a cheque for $75,000 for her efforts.
Her depiction of Weaving holding a wildcat
intrigued the judges and fascinated the
competitive field of 865-plus rivals.
Ms Barton explained that the cat represented
other facets of Mr Weaving’s personality.
The cat, she said, had come up in conversation
with the actor about what was close to his
heart.
Ms Barton told ABC News: “When he was
talking about animals that he might potentially
identify with, there was the idea of the wildcat                        hugo, by Del Kathryn Barton, Courtesy of Art Gallery of New South Wales
or the leopard or the wolf.”
“So in the end it was a kind of generic wildcat      Weaving himself has also been keenly sought after for artists to paint. Last
to represent other facets of his personality”,       year he sat for Nicholas Harding as an Archibald entrant.
she said.                                            Since graduating with a Bachelor of Fine Arts from the University of New South
Mr Weaving was reportedly happy with the             Wales in 1993, Del Kathryn Barton has built an enviable following with regular
watercolour, acrylic and gouache portrait.           shows in her hometown and Melbourne.
Ms Barton said she had admired the actor for         Her success is evident from her form in the annual Archibald Prize. As a fourth
years and had wanted to portray a “sincere,          time entrant, Ms Barton has not only won twice but has been a finalist twice.
deep, generous and creative soul” in her             Not a bad innings and one would expect her good fortune to continue.
portrait.                                            Ms Barton’s vibrant work is instantly recognised by its decorative and figurative
While she had initially considered a simple          imagery which combine traditional painting techniques with contemporary
pictorial approach to painting Mr Weaving’s          applications.
portrait, Ms Barton said once she sat down and       She is represented by the Roslyn Oxley9 Gallery in Sydney.
chatted with the actor her mind changed after
                                                     Congratulations Del Kathryn Barton on winning the 2013 Archibald Prize.
she felt moved by his personal stories.
                                                     The Archibald Packing Room Prize was awarded to Mathew Lynn for his portrait
“Hugo Weaving is an Australian cultural icon,
                                                     of the author/novelist, Tara Moss.
an artist in every sense of the word”, she says.
                                                     Ms Moss, who is Canadian born, is a former model who reinvented herself with
Ms Barton previously won the Archibald Prize
                                                     success in writing crime fiction.
back in 2008 in which she painted herself and
her two children.                                    Lynn has himself been a finalist many times in the Archibald Prize.
However, having actors sit for her is nothing        He resides in Sydney’s Blue Mountains and his works can be found in major
new. In 2011, she was also a finalist for            institutions, including the National Portrait Gallery in Canberra.
the Archibald Prize for her portrait of actor        The Packing Room Prize gives staff at the Gallery of New South Wales the
Cate Blanchett.                                      opportunity to vote for their favorite Archibald portrait.

                                                                                                        LOWENSTEINS ARTS MANAGEMENT :1
Tax Matters for the Arts - Second win for Archibald Prize You can imagine how - Lowensteins
Winners are grinners
Sir John Sulman Prize
Congratulations to Victoria Reichelt who         Reichelt says with the invention of ipads,
took out the $30,000 Sir John Sulman             kindles and audio books, books as objects
Prize from 37 other finalists.                   themselves “are sort of endangered a little
The Sulman is one of Australia’s                 bit”.
longest running art prizes, having been          “The idea is as if all the people have gone
established in 1936, and is now run              from the library and the animals have
concurrently with the Archibald Prize.           moved back in to take over”,
Awarded for the best subject painting,           she explains.
genre painting or mural project by an            Many would agree that computers and the                Gold for Asher Keddie
Australian artist, the Sulman attracts a         internet have resulted in research being
highly competitive field.                        done online rather than the traditional                Lowensteins Arts Management would like to
Reichelt’s thoughtful depiction of what          method of delving into a library book to               congratulate Australian actor, Asher Keddie,
libraries could mean to us in the future         acquire information.                                   for taking out television’s highest honor, the
impressed fellow artist and judge, Kate          “Books are kind of being left behind a bit”,           Gold Logie Award.
Beynon.                                          says Reichelt.                                         Asher is a long time client of Lowensteins
In her oil on linen composition, Reichelt        The Queensland-based artist is represented             Arts Management and we always knew she
depicts a deer gazing at library books           by Dianne Tanzer Gallery in Fitzroy.                   was a big star!
on shelves in what is obviously foreign          Reichelt, who is in her mid 30’s, is currently         The award for Most Popular Personality
territory for the deer.                          working on a new series of paintings for               on Australian Television was presented to
The artist explains that her work looks          exhibition at the Dianne Tanzer Gallery                Asher at the Gold Logie Awards ceremony
at objects “in danger of 21st Century            around October of this year.                           held at Crown Casino recently.
culture and technology.”                                                                                The 38-year-old actor is perhaps best
                                                                                                        known for her role as Doctor Nina
The Wynne Prize                                                                                         Proudman in the Network Ten drama,
                                                                                                        Offspring.
Imants Tillers has won the Wynne Prize           “I think he’s the precursor of this sort of            She had previously been nominated for the
with his work – Namatjira.                                                                              Gold Logie twice before so she was indeed
                                                 rennaissance of aboriginal art”, says Tillers,
                                                                                                        ‘third time lucky’.
It’s the second successive year Tillers          who has long admired the painter.
has won the Wynne Prize.                                                                                Melbourne born and bred, Asher put in
                                                 Tillers is an Australian visual artist, curator
                                                                                                        an incredible performance portraying Ita
The $35,000 prize is awarded annually            and writer.
                                                                                                        Buttrose in the ABC television series, Paper
for the best landscape painting of               Born in Sydney in 1950, he lives in Cooma,             Giants: The Birth of Cleo, depicting the
Australian scenery or the best example           New South Wales, after moving there in the             magazine editor to a tee.
of figure sculpture by Australian artists.       late 1990’s.                                           Her depiction of Blanche d’Alpuget in
Tillers painting is homage to Albert             He has exhibited in numerous group                     another telemovie (2010) about former
Namatjira, who was one of the most               exhibitions around the world and in 2005               Prime Minister, Bob Hawke, was equally
pivotal figures in Australian art.               was awarded a Doctor of Letters honoris                compelling.
Namatjira is perhaps Australia’s most            causa by the University of New South                   Asher’s roles in Underbelly, Rush and Love
famous Aboriginal artist and one of              Wales for his distinguished contribution to            My Way are also applauded.
the pioneers of contemporary                     the field of arts.
Indigenous Australian Art.                                                                              Love My Way, a drama series which aired
                                                                                                        on Foxtel, is considered to have been
His watercolor                                                                                          responsible for giving Asher her big break
and Australian                                                                                          in 2004.
outback desert                                                                                          Her first television role was in 1985 in Five
landscapes                                                                                              Mile Creek.
were of the
Hermannsburg                                                                                            In 1998, Asher made her stage debut with
School of                                                                                               the Melbourne Theatre Company. She
Aboriginal Art.                                                                                         was nominated for the highly prestigious
                                                                                                        Green Room Award for her performances in
Upon his death                                                                                          the MTC’s 2005 production of Les Liaisons
in 1959 from                                                                                            Dangereuses and the Playbox’s The
a heart attack,                                                                                         Ishmael Club.
Namatjira left a
legacy of around                                                                                        Asher ‘s partner is renowned Australian
two thousand                                                                                            painter, Vincent Fantauzzo.
paintings.                                                                                              Congratulations Asher on a well deserved
                                                                                                        award.
                                    Namatjira, by Imants Tillers Image courtesy of Art Gallery of NSW

                                                                                                             LOWENSTEINS ARTS MANAGEMENT : 2
Tax Matters for the Arts - Second win for Archibald Prize You can imagine how - Lowensteins
Bleak Picture as galleries battle to hang in
Andrea Petrie, Benjamin Preiss/Fairfax Syndication. From the Sunday Age, May 12th

Up to 30 per cent of art                    collections altogether.
                                            The introduction of the resale royalties
                                                                                             and sharper these days,” she said.
                                                                                             “It’s really about hanging in there. But it
galleries in Melbourne                      scheme in 2010 had also affected                 certainly takes you back to reality when
have closed down                            auction houses and dealers, he said.
                                            Since then five per cent of the resale
                                                                                             your trading drops 40 to 50 percent in a
                                                                                             very short space of time.”
during the past two                         price of any art sold has to be paid to the
                                            artist or their estate for 70 years after the
                                                                                             Veteran art dealer, John Buckley,
years, with those in                        artist’s death. “This added to the lack of
                                                                                             was also optimistic, saying: “Nothing
                                                                                             ever stays down forever. This has
the industry blaming                        buying enthusiasm”, he said.
                                            Michael Powell, Director of
                                                                                             been a particularly bad period for the
the global financial                        Collingwood’s Ochre gallery, admitted:
                                                                                             economy, but whilst there’s still a lot
                                                                                             of people talking doom and gloom, the
crisis and tighter rules                    “At some point I suspect I will have to
                                            close.”
                                                                                             sharemarket has been healthy over
                                                                                             the last 12 months and has recovered
surrounding                                 “Like so many others, I have had to              almost all of its losses since the GFC hit
art investments.                            shave the business way back and
                                            there’s only so far you can cut back
                                                                                             and housing seems to be fairly healthy
                                                                                             again. In time, although it lags a bit
                                            before you hit the bone.”                        behind, the art market does tend to
Increasing rents for gallery space and      “There are still a lot of galleries out there    follow suit.”
the introduction of resale royalties are    who, like me, are all losing money, and          Monash University fine art senior
also believed to have contributed to the    although I’ve got a fairly high tolerance        lecturer, Dan Wollmering, said he had
closures of an estimated 20 galleries,      for pain and I heal fairly well, you can         noticed up to 12 galleries closing in the
with other capitals including Sydney,       only bleed for so long before it’s over.”        past 18 months.
Perth and Adelaide also affected.                                                            Dr Wollmering, a sculptor, who has
                                            Karen Woodbury closed her Richmond
Specialist arts management accountant,      gallery in February last year after her          exhibited his work since 1979, said
Tom Lowenstein, said the art market         landlord substantially increased the             this limited the opportunities for artists
had been hit hard by the GFC because        rent. While she is about to open a new           because while well known artists were
economic uncertainty inevitably led to a    gallery in Flinders Lane, she said she           often unaffected by poor art markets,
drop in art sales.                          had largely been relying on her website          most artists struggled when consumers
He said the 2011 changes to regulations     to generate business while she worked            cut their spending.
for self-managed superannuation funds       from home. She also had taken part in            “Markets are determined by the
being able to acquire works of art had      art fairs and had worked in collaboration        psychology of people,” he said. “If
also contributed – in particular, changes   with another art gallery.                        people are feeling secure and confident
to how art had to be stored. “This meant    “We’ve been through boom time and                and healthy they’re more apt to buy art.
that not only could owners of the funds     having been in the industry for 20-odd           It’s very good and healthy for the culture
not display the works of art, but they      years I have been through booms                  and it’s a shame we can’t support more
weren’t even allowed to store them at       before, but I think the cycles are quicker       artists by buying artworks.”
home and had to keep them off the
premises, which meant
incurring additional
costs”, he said.
“This made it
unmanageable from a
practical and economic
point of view, which in
my opinion is a major
reason why the art
market has diminished
by 25 to 30 per cent.”
He estimated that art
sales to super funds
before the legislation
change had been in the
vicinity of $100 million
in Australia, but since
the changes had come
into effect, the owners
of many of funds had
stopped buying art and
many had sold their
                                                                                 Tidal Almanac The Warming of the Seas by John Wolseley, 1988-1990

                                                                                                   LOWENSTEINS ARTS MANAGEMENT : 3
Tax Matters for the Arts - Second win for Archibald Prize You can imagine how - Lowensteins
Book           Review: The Value of Art By Michael Findlay Prestel, 2012
By Miriam Grundy

Art-lit appears to be an
increasingly popular genre, from
Sarah Thornton’s libel- causing
Seven Days in the Art World
to tales of ambitious gallerists
in Steve Martin’s An Object of
Beauty and Tom Wolf’s latest
novel Back to Blood, set in the
feeding frenzy that is the Miami
Art Fair. And not to mention the
plethora of ‘how to buy and sell
art’ titles that date faster than a
Women’s Weekly cookbook.

                                                                                                                 Family Tree by Sally Smart, 2003
   Sitting somewhere in between all these       makes the art world go round, up and of       auction house PR being disguised as
   is Michael Findlay’s The Value of Art.       late, down.                                   ‘news’ and industry gush replacing fair
   It’s part market report, part memoir                                                       and learned criticism.
                                                Part two is Euphrosyne, the Goddess of
   peppered with thoughts ranging from
                                                Joy, metaphor for the social aspect of        Findlay reinforces the mantra of all
   lack of sincerity of current collectors to   art. This is both the positive, communal
   the rapid rise and future predictions for                                                  successful collectors: buy what you like
                                                act that art stimulates as well as the        not what you think the market will like
   the Asian art market.                        social power that is derived from being       and that the best investment you can
   As far as dealer pedigree goes,              part of the “Big Numbers” set.                make is in developing your eye and
   Findlay is at the top of the ladder. He      The third section is Aglaea, for the          understanding. He advises collectors to
   is a director at Acquavella Galleries,       Goddess of Beauty, which for Findlay          look at all types of art and to get to know
   New York and was previously Head of          is where the real, intrinsic value of         the dealers and artists but remain aware
   Impressionist and Modern Paintings           art lies. The final section is ‘Marley’s      of the dynamic of these relationships.
   then International Director of Fine Art at   Ghost: Past, Present, Future’ where he
   Christies, New York. While he can speak                                                    Another tip is to be adventitious,
                                                bemoans the cult of the collector that        dedicate a percentage of your buying
   with great authority, it does seems odd      now micro-manages the art world; the
   considering where Findlay is situated to                                                   budget for works by emerging artists
                                                dangers of instant gratification in art and   because every established artist
   be criticising the behaviour and mentality   the superficial ‘glancing’ culture in which
   of a market that he and his associates                                                     was once an ‘unknown’. And most
                                                we live.                                      importantly, if you love the art PICTURE
                                                                                                                               you live NEEDED
   have undoubtedly profited from.
                                                Given the top shelf art that Findlay has      with its value will only ever increase.
   Findlay divides the book into four           handled through his career, readers
   sections, symbolically naming the first      must steel themselves as even most
   three for Zeus’s daughters, the Three        quotidian examples he gives involve
   Graces, in order to analyse complexities     names that read like a room sheet at
   of modern art.                               The Met.
   Thalia is the Goddess of Fruitfulness        Consequently he is much more
   thus representing the commercial             compelling when he loses the ‘art speak’
   marketplace and financial lures of art,      and talks frankly about the industry
   candidly explaining exactly how money        he knows so well such as gallery and

                                                                                                   LOWENSTEINS ARTS MANAGEMENT : 4
Tax Matters for the Arts - Second win for Archibald Prize You can imagine how - Lowensteins
Interview with Jasper Knight

                                                                                              He is not only a painter, but a sculptor
                                                                                              and installation artist.
                                                                                              Knight says he enjoys doing
                                                                                              collaborative work with other people and
                                                                                              while painting is his mainstay, sculptures
                                                                                              are an integral part of his artistic makeup
                                                                                              too.
                                                                                              To date he’s completed 13 sculptures,
                                                                                              many with his wife, Isabelle.
                                                                                              Knight’s interest in art evolved around
                                                                                              the time he was diagnosed with a brain
                                                                                              tumor at 19.
                                                                                              “I survived that and I knew I just wanted
                                                                                              to be an artist”, he recalls.
                                                                                              “It was very clear to me after that”,
                                                                                              Knight now says.
                                                                                              His body of works after the tumor,
                                                                                              interestingly, was of car drawings.
                                                                                              Knight’s first gallery show was of chairs.
                                                                                              “I bought the 1000 Chairs book and
                                                                                              chose 20 from it and constructed and
                                                                                              glued cardboard to board”.
                                                                                              Today, there’s no doubt the Sydney born
                                                                                              artist is influenced by the city.
                                                                                              “I’ve grown up and worked in the city all
                                                         Jasper Knight by Sarah Hendy, 2013   my life,” he says.
It’s the morning after                                                                        “My idea of painting landscape is
a preview of Jasper                             The 11 paintings and six paper works
                                                will hang in a show all about racing cars
                                                                                              industrial scenes of the city”, Knight
                                                                                              explains.
Knight’s works at his                           which opens in Modena in northern Italy
                                                on June 8th.                                  “I’m used to the grit and grime of the
Surry Hill studio in                            Knight explains that the exhibition is at a
                                                                                              CBD, it always changes, it never bores
                                                                                              me, not at all.”
Sydney.                                         racetrack about 20 kilometres from the
                                                Ferrari factory.                              Knight says he’s done a lot of shows
                                                                                              featuring the city “in a state of flux,
                                                “It’s an exciting opportunity and I get to    awaiting a rebirth, featuring a new
  The private preview, or “studio hang”,        go over and show my work to another           crane”.
  as Knight calls it, for 150 friends and       country, which is one of the reasons you
  associates was well received and the 34-      make work”, he says.                          “Things are constantly evolving with the
  year-old feels buoyed by the reception                                                      city for better for worse”, he says.
                                                The opportunity came about via “one of
  given to his latest body of work.             my old gallery managers who’s Italian         While his three art galleries represent a
  Only three days before, Knight had, with      and has started working out of Italy          variety of different artists from Australia
  his architect partner, made a flying dash     again.”                                       and around the globe, Knight nominates
  to Alice Springs returning just in time to                                                  Jeffrey Smart, Howard Arkley and
                                                Knight’s appeal as an artist is universal.
  act the congenial host for his art preview.                                                 the late Adam Cullen as his favorite
                                                Since 2007 he has held solo shows in
  All this busyness is nothing out of the                                                     Australian artists.
                                                Berlin, London, Paris and Hong Kong.
  ordinary for Knight.                                                                        Knight was fortunate not only to meet
                                                It was only five years earlier that Knight
  When not painting Knight, who’s been                                                        both Smart and Cullen but given the nod
                                                completed a Master of Arts at the
  selected as an Archibald finalist six         College of Fine Arts in the University of     to paint them both.
  times, has his hands full running three       New South Wales.                              Smart has lived in Italy since the 1960’s
  art galleries which he co-owns – two          Inspired by the Pop Art tradition, Knight     and invited Knight to his home in
  in New South Wales and another in             uses many textural surfaces in his            Posticcia Nuova, near Arezzo, in the
  Singapore.                                    artworks such as plywood, masonite,           south-east of Tuscany.
  It’s perhaps befitting that his latest body   perspex and other materials which all         Knight spent time talking with the artist
  of work features racing cars.                 usually have a history.                       and the two had dinner together.

                                                                                                   LOWENSTEINS ARTS MANAGEMENT : 5
Tax Matters for the Arts - Second win for Archibald Prize You can imagine how - Lowensteins
Interview with Jasper Knight cont.
“I could see the body of work (he had        also the subject of the Archibald             For the grandson of Sir Harold Knight
done) and his inspiration for it”, Knight    competition.                                  the future looks exceedingly bright.
says.                                        A portrait of him by Melbourne based          He was a finalist for not only this year’s
Knight says the influences for the late      artist, Sarah Hendy, was too a finalist in    Archibald Prize but also the 2013 Sir
Adam Cullen’s work were also obvious.        this year’s Prize.                            John Sulman Prize.
“The Australian bush and the animals         Hendy describes Knight as “a warm,            Last year he was selected as a finalist
were his inspiration”, Knight says.          generous and extraordinarily vivacious        for the first time for the 2012 Doug
“I got to see Adam work a lot and that       character”.                                   Moran National Portrait Prize for his
was fantastic”. “I painted with him and                                                    depiction of Jeffrey Smart and was
                                             She met Knight last year while preparing      also a finalist for the Wynne Prize for
I could see where that bad boy side          for her first solo exhibition at his Sydney
came from”.                                                                                landscape painting.
                                             gallery, Chalk Horse.
Cullen was Knight’s entry in this year’s                                                   But don’t think for one moment Jasper
                                             Knight confesses he admires works by          Knight takes it all for granted.
Archibald Prize for which he was             many American artists, rather than the
selected as one of the 38 finalists.                                                       He recounts a recent episode outside
                                             Europeans, but cites Englishman, David
In 2000, Cullen won the Archibald Prize                                                    his studio where he was taking a
                                             Hockney, as a favorite.
for his portrait of actor, David Wenham.                                                   photograph of one of his works when “a
                                             Hockney, who resided in Los Angeles for       man in his 60’s, driving an expensive
While the prestigious Archibald Prize has    many years before returning to England        car” drove by.
eluded Knight several times he appears       in recent times, was an important
unfazed.                                                                                   Through his open car window the man
                                             contributor to the Pop Art movement of        shouted out to Knight: “It looks like a
“You don’t even worry about it”, he says.    the 1960’s and is considered one of the       bad Cullen, no a bad Jasper Knight”, he
“I enjoy being part of the whole Prize”.     most influential British artists of the       offered before driving off.
“I enjoy painting interesting people”,       20th Century.
                                                                                           Knight is somewhat taken aback but
Knight offers graciously.                    His vivid depictions of LA swimming           reflects, “It wasn’t my strongest work”.
“The feeling that you’re lucky enough to     pools are unique.                             Jasper Knight is represented by
even be part of it is enough”, he says.      “He just uses paint extremely well”,          Australian Galleries in Sydney and
Ironically, Jasper Knight himself was        says Knight.                                  Melbourne.

Budget details
The Treasurer Mr                             Means- test Exemption for downsizing
                                             homes
                                                                                           of the benefits for Centrelink purposes.
                                                                                           Phase out of Medical benefit offset.
Wayne Swan, delivered                        There will be a pilot program introduced      From 1 July 2013, the medical offset
his 6th budget for the                       where senior Australians who decide to
                                             move out of their family home that they
                                                                                           will be phased out making it less as the
                                                                                           year’s progress through to its abolition in
upcoming 2013-2014                           had previously owned for at least 25          2015/2016 except for Disability costs.
                                             years can move into retirement village
fiscal year on May 14th.                     and not face the punitive means testing
                                             CLIENT ALERT
Amongst the highlights were a 18 billion
dollar deficit, and funding for the Gonski   From 1st July 2013 the compulsory superannuation will increase by .25% to 9.25%,
Report and the National Disability           All Employers should ready themselves for this additional impost and ensure that
Insurance Scheme. This was to be paid        their payroll software has been updated.
for with cuts to Welfare payments and the    For more information. The links are
already announced .5% increase to the        http://www.budget.gov.au/2013-14/index.htm
Medicare levy.
Of some interest to our clients , the
following is presented.
                                              2012-13, 2013-14 and 2014-15 income years
New tax tables:                              Taxable income $                     Tax payable $
The proposed tax cuts for the 13/14 year
has been deferred and rates will remain      0 - 18,200                           Nil
the same.
                                             18,201 - 37,000                      Nil + 19% of excess over 18,200
Self – Education costs to be capped
The Government has announced that the        37,001 - 80,000                      3,572 + 32.5% of excess over 37,000
costs of self education will be capped at    80,001 - 180,000                     17,547 + 37% of excess over 80,000
$2000 as a deduction from 1st
July 2014.                                   180,001+                             54,547 + 45% of excess over $180,000

                                                                                                LOWENSTEINS ARTS MANAGEMENT : 6
Superannuation changes

The Federal                                 will be taxed at the same concessional
                                            rate of 15 per cent that applies to
                                                                                            The Government will allow all individuals
                                                                                            to withdraw any (i.e. unlimited) excess
Government recently                         earnings in the accumulation phase.             concessional contributions made from
                                            The $100,000 threshold will be indexed          1 July 2013 from their superannuation
announced a                                 to the Consumer Price Index (CPI), and          fund. In addition, the Government will
number changes to                           will increase in $10,000 increments.
                                            Assuming an estimated rate of return of
                                                                                            tax excess concessional contributions
                                                                                            at the individual’s marginal tax rate, plus
superannuation.                             7.5 per cent, earnings of $100,000 would        an interest charge to recognise that the
                                            be derived by individuals with around           tax on excess contributions is collected
From July next year, earnings of more       $1.333 million in superannuation.               later than normal income tax. This
than $100,000 on superannuation             Grandfathering                                  effectively replaces the “one-off” refund
pensions will be taxed at 15 percent                                                        of excess contributions that applied to
                                            A grandfathering regime will apply for
instead of being tax free.                                                                  contributions that exceeded the cap by
                                            CGT purposes under this proposal for
                                                                                            less than $10,000.
In announcing the changes, Treasurer        existing investments that were
Wayne Swan, said it would improve           acquired prior to the date of
the fairness and sustainability of the      announcement (5 April 2013). The
superannuation system.                      capital gains on such investments
The government expects the change           (in pension phase) will be
will only affect people with more than $2   exempt until 1 July 2024. The tax
million in superannuation assets.           treatment will differ for investments
                                            depending upon the date of their
Not surprisingly the move has been          purchase.
criticised by the Opposition with Tony
Abbott saying “the government was           CGT Arrangements
raiding people’s retirement savings to      Three potentially different
fund its own excessive spending.”           treatments may apply, depending
Here’s how it will work:                    on the date of the acquisition of the
                                            asset.
Changes to the contribution caps
from 1 July 2013                            For assets purchased before
                                            5 April 2013, the date of the
The general $25,000 concessional            announcement, the proposed
contribution cap remains but will           measures will only apply to capital
increase to $35,000 (unindexed)             gains accruing after 1 July 2024.
dependent upon the individuals age. The     This provides approximately 10
$35,000 cap will apply for individuals      years of exemption.
aged 60 and over at 1 July 2013. This
$35,000 will apply to those aged 50 and     For assets purchased from 5 April
over at 1 July 2014.                        2013 to 30 June 2014, a choice
                                            may be made to tax the gain in
Taxation of earnings on                     respect of the entire period or only to           Dear Trustees self portrait - 2013 by Michael Lindeman
superannuation funds paying                 that part which accrues after 1 July
pensions
The Government has effectively
                                            2014. If the latter option is adopted it will
                                            be necessary to ascertain the market            Taxation Issues
reduced the tax exemption for earnings      value of the asset at 30 June 2014.             The ATO has announced data-matching
on superannuation assets supporting                                                         programs to identify instances where
                                            For assets purchased from 1 July 2014,
pensions by capping it to the first                                                         taxpayers may not be meeting their tax
                                            the reform relates to the gain for the
$100,000 of future earnings for each                                                        obligations. The ATO says it will collect
                                            entire ownership period.
individual. Under current arrangements                                                      data from various banks and credit card
all earnings are tax-free, in contrast to   Note: The income of a superannuation            companies relating to credit and debit
earnings in the accumulation phase          fund is taxed at a concessional rate            cards sales of entities for the period 1 July
of superannuation which are taxed           of 15%. A capital gain received in a            2011 to 30 June 2012. This will assist in
at 15 per cent. The change does not         superannuation interest is also taxed at        identifying circumstances requiring ATO
affect the tax treatment of withdrawals.    the rate of 15%. However the gain may           administrative action.
Withdrawals will continue to remain         be subject to a (1/3) discount, leading
                                                                                            Records relating to approximately 900,000
tax-free for those aged 60 and over, and    to a net rate of 10%. Under current
                                                                                            merchants will be matched. The ATO
face the existing taxes for those under     law pertaining to pension interests,
                                                                                            says it will also collect from state revenue
age 60.                                     all investment income including an
                                                                                            offices and other government agencies the
                                            assessable gain is exempt under the
From 1 July 2014, future earnings                                                           names and addresses of individuals and
                                            exempt current pension interest (ECPI)
(such as dividends and interest) on                                                         entities transacting with real property in
                                            provisions.
assets supporting income streams will                                                       order to identify non-compliance with the
be tax-free up to $100,000 a year per       Changes to the treatment of                     tax law. Records relating to over 10 million
individual. Earnings above $100,000         excess contributions                            individuals will be matched.

                                                                                                  LOWENSTEINS ARTS MANAGEMENT : 7
National Cultural Policy Summaries
After many years of expectations               3.   Support excellence in the arts                of the Cultural Gifts Program
the long awaited National Cultural                  sector
                                                                                             3.   Improvement in professional
Policy was released by the now ex
                                               4.   Strengthen the capacity for the arts          training
Minister Crean on the 13th of March
                                                    to strengthen Australian society as
and is designed to set forth the long                                                        Other issues discussed are arts
                                                    a whole
term strategy of Arts funding and the                                                        education, digital innovation and
framework for Australian Government            5.   Ensure technology and digital arts       encouragement and mentoring of
support for arts, culture and creativity for        keep pace with the times.                Aboriginal groups.
the next ten years, providing Australia                                                      The report can be read in full in
with a common strategic direction              These goals will be achieved through 3
                                               main pathways for action :                    http://creativeaustralia.arts.gov.au/
and rationale for current and future
investment.                                    1. Improving funding systems. This            Disappointing to note that although
                                                   involves a restructure of the main        improving the Cultural Gifts program ,
Under the banner of Creative Australia it                                                    there is very little mention of any other
                                                   funding body being the Australia
is the Governments’ attempt to forecast                                                      tax and superannuation changes that
                                                   Council. This is to be kick started
the direction of the arts in Australia.                                                      have so adversely affected the arts
                                                   with a boost to funding of $75
Highlights of the report include:                  million over 5 years.                     sector and particularly the visual arts.
The setting of 5 goals which are                                                             One still remains confident that these
                                               2.   Improvement to fund raising and
1. Recognition of Aboriginal and                    philanthropy by the strengthening of     issues will be placed prominently at the
      Torres Strait people                          the Creative Partnerships Australia      foot of the Government by ourselves and
                                                    that came out of the Mitchell Report     other lobby groups.
2.   Support diversity and make culture
     accessible to all Australians                  into Philanthropy and streamlining

When           did you last update your will?
By Tom Lowenstein
Over the past few years, I have been           accountant and your solicitor are             with your accountant and solicitor as
confronted with numerous problems in           consulted and are fully aware of your         a part of the preliminary discussion to
my capacity as Executor, mediator, and/        assets and their location. In the first       ensure that they communicate with each
or advisor to Deceased Estates. Many           instance you should consult your              other and are fully informed of your
of the problems arose from homemade            accountant and obtain a comprehensive         circumstances.
Wills, and from Wills prepared without         list of your assets and liabilities,          In case of artists where a large part of
the lawyers consulting the clients’            including the date that the assets were       their estate is in the form of artworks,
accountant. In some instances, it was          acquired, as there could be possible          special considerations need to be
impossible to carry out the wishes             Capital Gains Tax implications. You           addressed.
of the Deceased due to technical or            should also ask your accountant to
                                                                                             If you would like to find out more
legal reasons. Problems arose when             prepare a chart of your business
                                                                                             regarding the financial implications
properties left to beneficiaries were not      structure and to provide your solicitor
                                                                                             of making a Will and Estate planning
actually owned by the Deceased but             with copies of Trust Deeds and company
                                                                                             contact us for further information
instead belonged to a company or a             documentation, to establish in what way
                                                                                             regarding this article.
Trust under their control or where the         the control of these entities is exercised.
assets left in the Will no longer existed,     It is also necessary for you to prepare a
or had already been gifted during the          comprehensive list of your beneficiaries,
Deceased’s lifetime.                           including children by previous marriages                                        William Dobell,
When preparing a Will the most                 or others who could claim to be your                                              Margaret Olly
                                                                                                                               114.3 x 85.7cm
important aspect is that both your             dependents. Ideally, you should meet                                    oil on hardboard, 1948
                                                                                                           Image courtesy of New South Wles
Melbourne                                      Sydney                                        IMPORTANT
                                                                                             This is not advice. Readers should not
Level 5 / 574 St Kilda Road                    Suite 601 / 3 Waverley Street                 act solely on the basis of the material
Melbourne VIC 3004                             Bondi Junction NSW 2022                       contained in this newsletter. Items herein
PO Box 6853                                    PO Box 651                                    are general comments only and do not
St Kilda Rd Central VIC 8008                   Bondi Junction NSW 1355                       constitute or con¬vey advice per se.
                                                                                             Changes in legislation may occur quickly.
T + 613 9529 3800                              T + 612 9389 2400                             We therefore recommend that formal
F + 613 9525 1616                              F + 612 9389 6506                             advice be sought before acting in any of
lam@lowensteinsarts.com.au                     lams@lowensteinsarts.com                      the areas covered in this letter.
Tom Lowenstein Partner                         Tom Lowenstein Partner
Evan Lowenstein Partner                        Adam Micmacher Partner                        Newsletter design by Web Prophets Pty Ltd
Adam Micmacher Partner                         Michael Zillig Partner

                                                                                                   LOWENSTEINS ARTS MANAGEMENT : 8
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